Download or read book Implicatures within Legal Language written by Izabela Skoczeń and published by Springer. This book was released on 2019-06-14 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a “conversational implicature.” This book addresses the question of whether implicatures occur in the legal language, firstly illustrating why the classic Gricean theory is not applicable (without substantial modification) to the description of legal language and proposing a novel approach based on a modification of Andrei Marmor’s “strategic speech.” Subsequently, it analyzes neo-Gricean theories and their limited use for describing the mechanisms of legal interpretation, and discusses the possibility of pragmatic enrichment of legal content as well as the notion of completeness of a legal proposition. Lastly, it illustrates how the developed theory works in practice, with examples from penal and civil law cases. The book is helpful to legal practitioners, since it provides insights into the reasons for and linguistic mechanisms behind courts’ decisions, but also to philosophers of law, philosophers of language, linguists and non-experts wishing to better understand the mechanisms of legal decision making.
Download or read book Implicatures written by Sandrine Zufferey and published by Cambridge University Press. This book was released on 2019-06-13 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an accessible and thorough introduction to implicatures in pragmatics, and its interfaces with language and cognition.
Download or read book Implicatures Within Legal Language written by Izabela Skoczeń and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes a novel, descriptive theory that unveils the linguistic mechanisms lurking behind judicial decisions. It offers a comprehensive account of the ongoing debate, as well as a novel solution to the problem of understanding legal pragmatics. Linguistic pragmatics is based on a theory created by Paul Grice, who observed that people usually convey more than just the amalgam of the meaning of the words they use. He labeled this surplus of meaning a "conversational implicature." This book addresses the question of whether implicatures occur in the legal language, firstly illustrating why the classic Gricean theory is not applicable (without substantial modification) to the description of legal language and proposing a novel approach based on a modification of Andrei Marmors "strategic speech." Subsequently, it analyzes neo-Gricean theories and their limited use for describing the mechanisms of legal interpretation, and discusses the possibility of pragmatic enrichment of legal content as well as the notion of completeness of a legal proposition. Lastly, it illustrates how the developed theory works in practice, with examples from penal and civil law cases. The book is helpful to legal practitioners, since it provides insights into the reasons for and linguistic mechanisms behind courts decisions, but also to philosophers of law, philosophers of language, linguists and non-experts wishing to better understand the mechanisms of legal decision making.
Download or read book Legal Pragmatics written by Dennis Kurzon and published by John Benjamins Publishing Company. This book was released on 2018-04-15 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume Legal Pragmatics is a contribution to the interface between language and law. It looks at how the principles of language use can be beneficial to clarifying legal issues, its twelve chapters (together with the Introduction) offering a wide spectrum of the latest approaches to the area of legal pragmatics. The four chapters in the first section are devoted to historical pragmatics and take a diachronic look at old courtroom records. Written legal language is also the focus of the four chapters in the next section, dealing with the pragmatics of modern legal writing. The chapters in the third section, devoted to modern legal language, touch upon both the discourse in the courtroom and in police investigation. Finally, the two chapters in the last section on legal discourse and multilingualism address a topic very relevant to the modern era of globalisation -- the position of legal discourse in multilingual contexts.
Download or read book Philosophical Foundations of Language in the Law written by Andrei Marmor and published by OUP Oxford. This book was released on 2013-01-31 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together the best contemporary philosophical work in the area of intersection between philosophy of language and the law. Some of the contributors are philosophers of language who are interested in applying advances in philosophy of language to legal issues, and some of the participants are philosophers of law who are interested in applying insights and theories from philosophy of language to their work on the nature of law and legal interpretation. By making this body of recent work available in a single volume, readers will gain both a general overview of the various interactions between language and law, and also detailed analyses of particular areas in which this interaction is manifest. The contributions to this volume are grouped under three main general areas: The first area concerns a critical assessment, in light of recent advances in philosophy of language, of the foundational role of language in understanding the nature of law itself. The second main area concerns a number of ways in which an understanding of language can resolve some of the issues prevalent in legal interpretation, such as the various ways in which semantic content can differ from law's assertive content; the contribution of presuppositions and pragmatic implicatures in understanding what the law conveys; the role of vagueness in legal language, for example. The third general topic concerns the role of language in the context of particular legal doctrines and legal solutions to practical problems, such as the legal definitions of inchoate crimes, the legal definition of torture, or the contractual doctrines concerning default rules. Together, these three key issues cover a wide range of philosophical interests in law that can be elucidated by a better understanding of language and linguistic communication.
Download or read book Language and Legal Interpretation in International Law written by Anne Lise Kjaer and published by Oxford University Press. This book was released on 2022-03-08 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is usually communicated in more than one language and reflects common norms that lawyers and adjudicators across national legal cultures agree on and develop together. As a result, the negotiation of the wording and meaning of international legislative texts is an integral part of legal interpretation in international law. This book sheds light on that essential interpretation process. Language and Legal Interpretation in International Law treats the subject from the perspective of recent legal and linguistic theories of meaning. Anne Lise Kjær and Joanna Lam bring together internationally renowned experts to provide strong theoretical and practical foundations for the study of legal interpretation in such fields as human rights law, international trade, investment and commercial law, EU law, and international criminal law. The volume explains how the positivist tradition--in which interpretation is understood as an automatic process by which judges simply apply the text of legislative instruments to specific fact situations--cannot be upheld in an era of pragmatic and cognitive meaning theories. Those theories instead focus on the context of interpretation and on the interpreter as a co-producer of meaning. Through a collection of thoroughly researched and timely essays, this book explores the linguistically and culturally diversified world of meaning-making in international law.
Download or read book Negative Inversion Social Meaning and Gricean Implicature written by William Salmon and published by Walter de Gruyter GmbH & Co KG. This book was released on 2020-06-08 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relying on a wealth of new data, this book argues that long-standing puzzles of Negative Inversion (NI) syntax are not puzzles at all when viewed through the lenses of Gricean pragmatics and Labovian sociolinguistics. Focusing on sentences such as "Can't nobody lift that rock" in African American, Anglo, and Chicano Englishes in Texas, the book provides tidy solutions to problems such as: the NI’s relationship to its non-inverted counterpart, its relationship to existential “there” sentences, to modal existential sentences, to the definiteness effects surrounding its NP subject, the emphatic meaning with which it seems to be associated, and more. The book argues that such issues, which have been explored in the syntax and semantics literature since the late 1960s, are handled more fruitfully via Gricean reasoning, demographics of use, and a simple semantics. As such, the book argues that NI can be freed from the “syntactico-semantic straitjacket” into which it has often been forced. It also demonstrates ways in which pragmatic and sociolinguistic thought can be brought together to inform larger linguistic analyses.
Download or read book Research Handbook on Jurilinguistics written by Anne Wagner and published by Edward Elgar Publishing. This book was released on 2023-10-06 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of jurilinguistics that not only presents the latest international research findings among academics and practitioners, but also provides a new approach to the phenomena and nature of communicative flexibility, legal genres, vulnerability of interlingual legal communication, and the cultural landscape of legal translation.
Download or read book Im Politeness Implicatures written by Michael Haugh and published by Walter de Gruyter GmbH & Co KG. This book was released on 2014-12-11 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together two highly researched but also highly controversial concepts, those of politeness and implicature. A theory of implicature as social action and im/politeness as social practice is developed that opens up new ways of examining the relationship between them. It constitutes a fresh look at the issues involved that redresses the current imbalance between social and pragmatic accounts of im/politeness.
Download or read book The Cambridge Handbook of Pragmatics written by Keith Allan and published by Cambridge University Press. This book was released on 2012-01-12 with total page 967 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pragmatics is the study of human communication: the choices speakers make to express their intended meaning and the kinds of inferences that hearers draw from an utterance in the context of its use. This Handbook surveys pragmatics from different perspectives, presenting the main theories in pragmatic research, incorporating seminal research as well as cutting-edge solutions. It addresses questions of rational and empirical research methods, what counts as an adequate and successful pragmatic theory, and how to go about answering problems raised in pragmatic theory. In the fast-developing field of pragmatics, this Handbook fills the gap in the market for a one-stop resource to the wide scope of today's research and the intricacy of the many theoretical debates. It is an authoritative guide for graduate students and researchers with its focus on the areas and theories that will mark progress in pragmatic research in the future.
Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Download or read book Quantity Implicatures written by Bart Geurts and published by Cambridge University Press. This book was released on 2010-12-02 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, quantity implicatures - a type of pragmatic inference - have been widely debated in linguistics, philosophy, and psychology, and have been subject to an enormous variety of analyses, ranging from lexical, syntactic, semantic, and pragmatic, to various hybrid accounts. In this first book-length discussion of the topic, Bart Geurts presents a theory of quantity implicatures that is resolutely pragmatic, arguing that the orthodox Gricean approach to conversational implicature is capable of accounting for all the standard cases of quantity implicature, and more. He shows how the theory deals with free-choice inferences as merely a garden variety of quantity implicatures, and gives an in-depth treatment of so-called 'embedded implicatures'. Moreover, as well as offering a comprehensive theory of quantity implicatures, he also takes into account experimental data and processing issues. Original and pioneering, and avoiding technical terminology, this insightful study will be invaluable to linguists, philosophers, and experimental psychologists alike.
Download or read book Statutory Interpretation written by Douglas Walton and published by Cambridge University Press. This book was released on 2021-01-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople.
Download or read book From Lying to Perjury written by Laurence R. Horn and published by Walter de Gruyter GmbH & Co KG. This book was released on 2022-06-06 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides new insights on lying and (intentionally) misleading in and out of the courtroom, a timely topic for scholarship and society. Not all deceptive statements are lies; not every lie under oath amounts to perjury—but what are the relevant criteria? Taxonomies of falsehood based on illocutionary force, utterance context and speakers’ intentions have been debated by linguists, moral philosophers, social psychologists and cognitive scientists. Legal scholars have examined the boundary between actual perjury and garden-variety lies. The fourteen previously unpublished essays in this book apply theoretical and empirical tools to delineate the landscape of falsehood, half-truth, perjury, and verbal manipulation, including puffery, bluffing, and bullshit. The papers in this collection address conceptual and ethical aspects of lying vs. misleading and the correlation of this opposition with the Gricean pragmatic distinction between what is said and what is implicated. The questions of truth and lies addressed in this volume have long engaged the attention of scholars in linguistics, philosophy, psychology, cognitive science, organizational research, and the law, and researchers from all these fields will find this book of interest.
Download or read book Concise Encyclopedia of Pragmatics written by J.L. Mey and published by Elsevier. This book was released on 2009-08-07 with total page 1183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concise Encyclopedia of Pragmatics, Second Edition (COPE) is an authoritative single-volume reference resource comprehensively describing the discipline of pragmatics, an important branch of natural language study dealing with the study of language in it's entire user-related theoretical and practical complexity. As a derivative volume from Encyclopedia of Language and Linguistics, Second Edition, it comprises contributions from the foremost scholars of semantics in their various specializations and draws on 20+ years of development in the parent work in a compact and affordable format. Principally intended for tertiary level inquiry and research, this will be invaluable as a reference work for undergraduate and postgraduate students as well as academics inquiring into the study of meaning and meaning relations within languages. As pragmatics is a centrally important and inherently cross-cutting area within linguistics, it will therefore be relevant not just for meaning specialists, but for most linguistic audiences. - Edited by Jacob Mey, a leading pragmatics specialist, and authored by experts - The latest trends in the field authoritatively reviewed and interpreted in context of related disciplines - Drawn from the richest, most authoritative, comprehensive and internationally acclaimed reference resource in the linguistics area - Compact and affordable single volume reference format
Download or read book Pragmatics and Law written by Alessandro Capone and published by Springer. This book was released on 2016-05-02 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements?
Download or read book Philosophical Foundations of Evidence Law written by Christian Dahlman and published by Oxford University Press. This book was released on 2021 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website.
